Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 18, 2015 FBO #5047
SOLICITATION NOTICE

L -- Field Service Representative - Attachment A: Schedule of Services

Notice Date

9/16/2015
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

541330 — Engineering Services
 

Contracting Office

Department of Homeland Security, United States Coast Guard (USCG), Commanding Officer, USCG Aviation Logistics Center, MRS, SRR, MRR, LRS, ESD, IOD, ISD, or ALD, Elizabeth City, North Carolina, 27909-5001, United States
 

ZIP Code

27909-5001
 

Solicitation Number

HSCG38-15-Q-010112
 

Archive Date

10/15/2015
 

Point of Contact

Kia R. Walton, Phone: 252-335-6499, David E. Tanner, Phone: 252-335-6142
 

E-Mail Address

Kia.R.Walton@uscg.mil, David.E.Tanner@uscg.mil
(Kia.R.Walton@uscg.mil, David.E.Tanner@uscg.mil)
 

Small Business Set-Aside

N/A
 

Description

Attachment A: Schedule of Services This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subparts 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. Solicitation number HSCG38-15-Q-010112 is issued as a Request for Quote (RFQ). This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-83. The applicable North American Industry Classification Standard Code is 541330. The small business size standard is $38.5M. The requirement will be awarded using simplified acquisition procedures In Accordance With (IAW) FAR 13.5. The award will be based on FAR 6.302-1. All responsible sources may submit a quotation which shall be considered by the agency. The United States Coast Guard (USCG) intends to award this requirement on a sole source basis to General Electric Aviation Division, 1 Neumann Way, Cincinnati, OH 45215-1915, or any source that can provide the services that meet the OEM's specifications. The contract will be awarded as a Firm-Fixed Price (FFP) Indefinite Delivery Requirements contract with a one year base period and four one-year option periods. The USCG does not possess or have access to the OEM specifications or drawings. All responsible sources are encouraged to submit a proposal which will be considered by the agency. Only one award will be made from this solicitation. All proposals must contain pricing for the one year base period and four one-year option periods. Any proposal that does not contain pricing for all contract periods and for all line items may be considered non-compliant and may be eliminated from further consideration. SEE ATTACHMENT A, SCHEDULE OF SERVICES - HSCG38-15-Q-010112 STATEMENT OF WORK 1.0 GENERAL This Statement of Work (SOW) describes the Field Service Representative (FSR) services necessary to support the CT7-9C3 (CT7) Turbo Shaft Engine and Propeller Gear Box (PGB) Assembly as used on the United States Coast Guard (USCG) HC-144 aircraft and the T700/401C (T700) Series Engines used on USCG MH-60 helicopters. 2.0 SCOPE OF WORK The contractor shall provide the services of a FSR trained and experienced in the CT7 engines, PGB and T700 engines. The FSR will be permanently based at the Aviation Logistics Center (ALC), and as required, will visit various USCG HC-144 and MH-60 operating units, perform on the job training, assist in troubleshooting, assist with repairs, provide trend analysis data, provide publication updates, and evaluate damage. The presence of the FSR at the work site during the regular working hours to interact with USCG military and civil service employees is an essential element of the service. 3.0 REQUIREMENTS 3.1 Enable the USCG to resolve technical questions and problems associated with the operation and maintenance of CT7 engines, PGB and T700 engines. 3.2 Enable the USCG to respond in a timely manner to safety of flight issues, ground safety issues, and catastrophic failures of the CT7 engines, PGB and T700 engines. 3.3 Enable the USCG to efficiently and effectively operate the ALC CT7 and T700 Engine test cell facility and calibrate and correlate to the CT7 and T700 Original Equipment Manufacturer (OEM) performance specifications as required. 3.4 Enable the USCG to utilize the most up-to-date procedures, repair limits, tooling, and ground support equipment available to inspect and maintain the CT7 engine, PGB, and T700 engines. Optimize the management of CT7 engines, PGB and T700 engines assembly inventories, through maximum utilization of spare parts and repairable assets. Proprietary technical information furnished to the USCG from the FSR shall only be used by the USCG for repair, failure investigation and/or overhaul of USCG equipment. 3.5 For each engine received by the ALC Engine Shop as non-RFI, the FSR shall provide to the USCG Engineering Officer of the applicable platform, a report with the following data: engine serial number, unit reporting discrepancy, reason for removal, findings, and corrective action performed by ALC to correct discrepancy, current engine hours, and time accrued since engine was last repaired by ALC. 3.6 The FSR shall perform on-site engine familiarization, preventive maintenance, and troubleshooting training to units operating the HC-144 and the MH-60 aircraft, as well as HC-144 and MH-60 aircraft C-school classes at Aviation Technical Training Center (ATTC), Elizabeth City, NC. 4.0 QUALIFICATIONS 4.1 A security background check is required for the performance of the FSR. A secret or confidential security clearance is not required. All employees provided by the contractor that have access to AMMIS/ALMIS or other USCG systems are required to perform an initial financial and criminal background check. The contractor must certify on company letterhead that the background checks have been conducted and there are no negative financial situations or criminal offenses in the employee's background. Any adverse information acquired by the contractor on a proposed employee must be reported immediately to the Contracting Officer. See paragraph 6.0. 4.2 Trained and experienced in CT7 engines, PGB and T700 engines, including the power plant to airframe interface, installed and utilized on the USCG MH-60 and HC-144 aircraft, except avionics. 4.3 Training/Education: 2 years of college, with a major in any of the following subject areas: Mechanical Engineering, Aeronautical Engineering, Aircraft Technology, or equivalent. 4.4 Ability to interpret OEM drawings as required for USCG personnel. 4.5 Experience: • Current FAA Airframe and Power plant Mechanic license. • Five years of jet/turbo shaft engine experience, preferably with airline or business jets. • Three years experience with the CT7 engines, PGB and T700 engines. The USCG reserves the right to waive any of these qualifiers in lieu of other significant or special MH-60 and HC-144 experience. Waivers for any of these qualifiers for the training and experience requirement may be granted with prior approval of the Contracting Officer on a case by case basis. 4.6 Communication skills: Ability to communicate effectively and clearly in person, in writing, via telephone regarding topics that are technical in nature. This requires communications with USCG engineering, technical, maintenance personnel at all levels, manufacturer's technical, engineering and product support. Have basic computer skills, working knowledge of word processing, and other computer applications as necessary for project documentation, correspondence, and reports. 5.0 USCG INFORMATION SYSTEMS SECURITY No Contractor (the term "Contractor" includes subcontractors) personnel shall commence any performance under this contract until they: • Have an investigation completed at a National Agency Check with Inquiries (NACI) level or higher and obtain fingerprints • Complete an e-QIP online SF-85 form • Complete Form OF-306. Declaration for Federal Employment • Complete DHS Credit Release Form DHS 11000-9 • Complete and pass Information System Security (ISS) Training and sign the Automated Information Systems User Acknowledge Form. By signing this agreement, the individual will be acknowledging their responsibility to properly use and safeguard all Coast Guard information technology resources and related information. The Contracting Officer Representative (COR) of this contract shall arrange the aforementioned security briefing. The Contractor shall only access those areas of USCG information technology resources (e.g. computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, internet sites) explicitly stated in this contract and/or approved by the COR in writing as necessary for performance of work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not explicitly authorized by the COR is strictly prohibited. In the event of violation of this provision, USCG will take appropriate actions with regard to the contract. Contractor access to USCG networks from a remote location is a temporary privilege for the mutual convenience it offers while the Contractor performs business for the USCG. It is not a right, a guarantee, a condition of the contract, nor is it Government Furnished Equipment (GFE). Contractor access will be terminated for unauthorized use. The Contractor agrees to hold the USCG harmless and the Contractor will not request additional time or money under the contract for delay resulting from unauthorized use. 6.0 INFORMATION SYSTEMS SECURITY - CONTRACTOR BACKGROUND CHECKS In order to obtain a Government computer account and Government issued Common Access Card (CAC), COMDTINST M5520.12C, Personnel Security and Suitability Program, COMDTINST M5500.13C U.S. Coast Guard Security and Information Assurance Manual and ALCOAST 330/10 Coast Guard Contractor Vetting must be followed. The prospective employee must have an investigation completed at a National Agency Check with Inquiries (NACI) level or higher. In addition to a NACI, the following investigations will meet or exceed the Coast Guard's requirements: • Single Scope Background Investigation (SSBI) • Single Scope Background Investigation - Periodic Reinvestigation (SSBI-PR) • Phased Periodic Reinvestigation PPR (equivalent to an SSBI-PR) • Access NACI (ANACI) • National Agency Check with Local Agency and Credit Checks (NACLC) • Periodic Reinvestigation-Secret (PRS) • Periodic Reinvestigation (PRI) • Minimum Background Investigation (MBI) • Limited Background Investigation (LBI) • Background Investigation (BI) • Child Care NACI (CNACI) If your prospective employee has had one of the previously mentioned investigations completed with no negative findings, then this must be verified by your company's Facility Security Officer (FSO) on company letterhead and emailed to ALC-ContractorBI@uscg.mil with the subject line "Background Check Verification". A template for this document is available from the Contracting Officer. If your prospective employee does not have a previous investigation that meets the criteria listed above, then the following must be completed: 1. Send an email to ALC-ContractorBI@uscg.mil with the subject line "Initiate Background Check". The body of the email must contain the following information: • SSN • Full Name, First, Middle and Last • Applicant's Email Address • Contract Program Manager Email Address • Date of Birth • City born in • County born in • State born in • Country born in • Contract Number • Contract Expiration Date This information will be used to set up an account for the applicant in the Office of Personnel Management's (OPM) e-QIP system. E-QIP is an online system used to submit required information for background checks. Once the account has been set up, an email will be sent to the applicant's address which will contain a link to the e-QIP system. The applicant will then need to go to this link and follow the prompts to complete an online SF-85 form. The e-QIP link is available via the internet and can be accessed anywhere a normal website is accessed. Once the applicant has completed the online form, they will be directed to print two signature sheets. These signature sheets must be printed and signed by the applicant and submitted to ALC as explained later in this document. 2. Obtain Fingerprints. The applicant must be fingerprinted at one of the following locations: • Elizabeth City Coast Guard, Building 35. This office will only conduct fingerprints on Wednesdays between 0800 and 1130. The applicant will need to provide their driver's license or a Government issued ID. The fingerprints will be electronically submitted to the Coast Guard Security Center. • Coast Guard Security Center, 1441 Crossways Blvd. Suite 102, Chesapeake, VA. Fingerprints are conducted Tuesdays and Thursdays between 0900 and 1500. The applicant will need to provide an ID as described above. The fingerprints will be electronically submitted to the Coast Guard Security Center. • Pasquotank County Sheriff's Office. The applicant will need to provide an ID as described above and will need to inform the deputy that the fingerprints are being conducted for a Coast Guard security background check. The applicant will need to request two copies of their fingerprints which will be provided to them on FD-258 fingerprint cards. These cards must be submitted to ALC as explained later in this document. 3. Complete Form OF-306. Declaration for Federal Employment. Only blocks 1, 8, 9, 10, 11, 12, 13, 16 and 17a need to be completed. 4. Complete DHS Credit Release Form (DHS 11000-9). Once these steps have been completed, the two signature sheets, OF-306 and the DHS 11000-9 may be scanned and emailed to ALC-ContractorBI@uscg.mil with the subject line "Completed Security Package". These documents cannot be combined into one attachment. They should be scanned and attached as four separate documents. The fingerprint cards cannot be accepted as a scanned document. If the applicant obtained their fingerprints at the Sheriff's Office, the fingerprint cards must be delivered to the Standards and Security Branch in the Information Systems Division, Building 63, ALC. After the required documents have been received, the USCG will compile them in e-QIP and submit them to the Coast Guard Security Center. At this point, no further action can take place to process their computer account and CAC until ALC receives a favorable fingerprint report back from the Coast Guard Security Center. The expected wait time is three to four weeks. When the USCG receives notification of a favorable fingerprint check, notification will be provided to the Contractor Program Manager and the applicant will be requested to report to the Standards and Security Branch in the Information Systems Division in Building 63 at ALC. The applicant will then be required to complete and pass Information System Security (ISS) Training and sign the Automated Information Systems User Acknowledge Form. The ISS Training will be made available to the applicant on workstations located in the Standards and Security office area at ALC. Once the applicant has successfully completed the ISS training and signed the AIS form, a request will be submitted to the USCG's Centralized Service Desk St. Louis, Missouri to request the applicant's computer account be created. The process will also be completed to have a Government CAC issued. 7.0 ADMINISTRATIVE INFORMATION 7.1 Prepare and submit monthly, one copy of the FSR's Monthly Activity Report and Certificate of Service. Monthly Activity Report - This report can be prepared in the contractor's style and format and shall include the following: Contractor's name, representative's name, applicable contract number, specific information on instances of technical assistance provided to USCG units, the completion or status of other technical projects, reports, studies or investigations. Certificate of Service - This can be prepared in the contractor's style and format and shall include the following: Contractor's name, representative's name, applicable contract number, type of aircraft, dates of service, non-service days broken down by vacation days, sick days, and non-work days, service days broken down by holidays, local days worked, and travel, total days for the period and location duty performed. 8.0 TERMS AND CONDITIONS 8.1 Removal and Replacement of Personnel: The contractor shall have the right to remove or replace personnel assigned and to substitute other qualified personnel in lieu thereof, provided that written notice of such actions is provided to the Contracting Officer, a minimum of 60 days prior to the effective date. The Government shall have the right to request removal or replacement of contractor personnel, provided that the Contracting Officer has given written notice to the contractor, a minimum of 60 days prior to the effective date. The contractor shall be permitted a break in services rendered for a period not to exceed 30 days, whether the requirement for removal or replacement of personnel is at the request of the Government or the contractor. The period between the replacement of personnel is non-billable to the USCG. When replacements, transfers and reassignments of contractor personnel are made for the convenience of the contractor, all costs incurred by the contractor for such relocation or replacement will be at contractor's expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the contractor when: It becomes necessary to replace any contractor personnel for misconduct or unsatisfactory performance. Determination of misconduct shall be at the sole discretion and judgment of the Contracting Officer. Replacement of contractor personnel is required because of voluntary or involuntary termination of employment with the contractor. Contractor personnel are incapacitated due to injury or illness for a period in excess of 30 days, or the death of contractor personnel. Replacement or transfer of contractor personnel is initiated at the request of the contractor. Replacement or transfer of contractor personnel is required due to termination of the contract for default. When replacements, transfers, and reassignments of contractor personnel are made for the convenience of the Government, all costs incurred by the contractor for such relocation or replacement will be at Government's expense. Replacements, transfers, and reassignments of contractor personnel are deemed to be at the convenience of the Government when: • The contract is terminated for the convenience of the Government. • Replacement or transfer of contractor personnel is initiated at the request of the Government for reasons other than misconduct, unsatisfactory performance, termination of employment, injury or illness for a period in excess of 30 days. • Temporary relocations (travel of less than 21 days) from Elizabeth City, North Carolina, directed by the COR shall be for the convenience of the Government and shall not be considered a transfer or reassignment. 9.0 SPECIAL CONTRACT REQUIREMENTS 9.1 Work Requirements for FSR: The services of the FSR shall be at the fixed price rate contained in this schedule per month. The normal workday will be eight (8) hours, Monday through Friday (40 hours per week). Overtime work, if required, will generally be for emergency purposes (determined by the Contracting Officer) and will be at no additional cost to the Government. Exclusive of necessary travel time, the FSR shall not be required to work more than forty-eight (48) hours per calendar week without the prior written approval of the contractor and the Contracting Officer. The FSR will be allowed to take up to forty (40) non-service days per year, which are NOT billed to the Government, for vacation, sick leave, holidays or personal business to be used by the FSR in accordance with the contractor's current personnel policies and Department of Labor laws. Any leave in excess of the allotted vacation, sick, personal, holiday leave or otherwise covered will require reimbursement to the billable rate for the effected period. 9.2 Holidays: The contractor shall establish a holiday schedule for personnel performing under this contract that directly coincides with the Government's schedule. Holiday's peculiar to the Government shall be considered as holidays for Contractor personnel and are not billable. Contractor personnel will not perform work on Government holidays. The following days (as celebrated) are contract holidays: New Year's Day, Martin Luther King's Birthday, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day and Christmas. 9.3 Travel: Necessity for travel will be determined by the Contracting Officer in conjunction with the Contracting Offer's Representative (COR). Travel may include but is not limited to the following USCG sponsored activities: • On-the-Job Training • Technical Presentations • Maintenance Management Reviews • Technical Agenda Meetings • Logistics Management Reviews • HC-144 Standardization Conferences The Contracting Officer may direct, the utilization of USCG aircraft for travel, as appropriate, to any locations including remote deployment sites, where commercial air travel is not appropriate, available or timely. 9.4 Insurance Requirements: The contractor shall be required to procure and maintain, during the entire period of performance under this contract the following minimum insurance in accordance with FAR 52.228-5 (Jan 1997) and HSAR 3052.228-70 Insurance (June 2006). Prior to commencement of work hereunder, the contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the Government shall not be effective until thirty days after written notice has been given and approved by the Contracting Officer. 9.5 Supervision of Contractor Employees: Contractor personnel are employees of the Contractor and under the administrative control and supervision of the Contractor. The Contractor, through its personnel, shall perform the tasks prescribed herein. The Contractor shall elect, supervise, exercise control and direction over its employees under this contract. The Contractor shall not supervise, direct or control the activities of the Government personnel or the employee of any other contractor, except any subcontractor employed by the Contractor on this contract. The Government shall not exercise any supervision or control over the Contractor in the performance of contractual services under this contract. The Contractor is accountable to the Government for the actions of its personnel. In performance of this contract, the Contractor's management responsibilities include, but are not limited to, the following: • Ensure employees understand the work to be performed on order to which they are assigned. • Ensure employees know their management chain and adhere to company policies and exhibit professional conduct to perform in the best interest of the Government. • Ensure employees adhere to applicable law and regulation governing contractor performance and relationships with the Government. • Ensure contract employees do not create actual or apparent personal service relationships. • Regularly assess employee performance and provide feedback to improve overall task performance. • Ensure high quality results are achieved through task performance. 9.6 Personnel Access: During the life of this contract, the Contractor's personnel shall have access to the designated and/or Government facilities as required. Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require contractor personnel to "sign in" upon entry and "sign out" upon departure from the designated and/or Government facilities. Certain security requirements which necessitate the use of building access passes may be required. No direct charges to any order or order issued under a contract may be for personnel or facility security clearances. 9.7 Conduct of Contractor Personnel: Contractor employee shall comply with all policies if working in a non Government facility. The Contracting Officer may direct that employee of the Contractor, including employees of a subcontractor at any tier, no longer perform work under this order/contract on a designated and/or Government installation if the Contracting Officer determines that the employees' actions would be grounds for removal or it the employee has been ordered not to re-enter the installation by the Commander of that installation. Any delays in or increased costs of performance resulting from the Contracting Officer's direction under this clause shall not be considered an excusable delay or beyond the control and without the fault or negligence of the Contractor and shall not be grounds for an equitable adjustment. 9.8 Government Installation Closure: If necessary, the Government (Installation Commander or designee) may decide to close all or part of a designated and/or Government installation in response to an unforeseen emergency or similar occurrence. Sample emergencies include, but are not limited to, adverse weather conditions (e.g. snow, flood, etc.), an act of God (e.g. tornado, earthquake etc.) or a base disaster (e.g. natural gas leak, fire etc.). Contractor employees (FSR) are considered "non-essential" personnel for purposes of any/all instructions relative to the emergency. The FSR shall be officially dismissed upon notification of closure in regard to unforeseen emergency. The FSR shall promptly secure all Government furnished property appropriately and evacuate in an expedient, but safe manner. Such closures are not billable to the Government. With regard to work under the contract, the Government shall retain the following rights: • The Government may forego the work or may reschedule the work at any time satisfactory to both parties. • The Government may, at its discretion, permit the FSR to perform work at home during the period of installation closure, if the work to be accomplished is within the scope of the contract. This work must be authorized by the COR responsible for the effort. The FSR will notify by letter or e-mail, the cognizant Contracting Officer via the COR, within 5 business days of return to work, the nature and scope of work completed. If approved, the contractor shall be permitted to bill the Government for that period. Government Installation Closure Notification Procedures: • Notification shall also be recorded on the base's official emergency phone number at 252-335-6188. • If the decision to close all or part of the installation is made during the duty day, and the installation Commander's decision is transmitted through official notification channels, the contractor employee shall follow the instructions as given. Contractor employee shall notify the cognizant COR or Contracting Officer and act in accordance with their instruction. 9.9 Contractor Identification: Contractor employee must identify himself/herself as a contractor during meetings, telephone conversations, in electronic messages or correspondence relation to the contract. Contractor occupied facilities (on Government installation or Contractor owned facilities) such as offices, separate rooms or cubicles muse be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor personnel. 9.10 Government Furnished Facilities: The Government will provide suitable office space, furniture, telephone and facsimile transmission service for the FSR at no cost to the contractor provided: • The FSR uses the telephone and facsimile long distance services for bona fide business only. • The office space and office furniture use by the FSR sustains only damages attributed to normal wear and tear. Should the office space and/or office furniture used by the FSR sustain damages in excess of normal wear and tear, the contractor shall reimburse the Government for the replacement costs of the office furniture and/or repair of the office space. The COR will make the determination of damages and submit a report to the Contracting Officer if and when such damages exceed normal wear and tear. 9.11 Security Clearances and Non-Disclosure Agreements: All contractor personnel working on the Elizabeth City complex or adjacent facilities will be required to obtain a Government Common Access Card if they require access to federally controlled computer systems. All contractor personnel will be required to meet the security requirements for access onto the base complex and for USCG computer access. The contractor will be responsible for the management of all security clearances and personnel may be required to sign a non-disclosure agreement. 10.0 INSPECTION AND ACCEPTANCE 10.1 Inspection and Acceptance (F. O. B. Destination): Inspection and acceptance of services furnished hereunder shall be performed by the COR at destination. 11.0 DELIVERIES OR PERFORMANCE 11.1 Period of Performance: The period of performance for this contract will be from the effective date of award through 12 months; with (4) one-year option periods to follow. The total duration of this contract shall not exceed five years, if all options are exercised. 11.2 Place of Performance - The place of performance for services under this contract shall be USCG, ALC, 1664 Weeksville Road, Elizabeth City, North Carolina. The FSR will be permanently based at ALC, as required; will visit various USCG MH-60 and HC-144 operating units. 11.3 Delivery Schedule: Contract Line Item Number (CLIN's) 1 through 7 and corresponding option years CLIN's 8 through 35. CLIN 1* Field Service Representative - N/A CLIN 2* Monthly Activity Report - 1 copy delivered not laterthan 10 days following the last day of the month the services were rendered. CLIN 3* FSR Monthly Certificate of Services- 1 copy delivered not later than 10 days following the last day of the month the services were rendered. CLIN 4* Certificate of Insurance - 1 copy due within 30 days from the date of contract award then due annually on the anniversary of that date. CLIN 5-7* Reserved * Includes respective option contract line item numbers. 11.4 F.O.B. Point: Reports and certificates of service shall be e-mailed to the Contract Specialist. If there is no internet access reports and certificates should be mailed F.O.B. Destination to the following address: Contracting Officer USCG, Aviation Logistics Center ATTN: MRS Contracting Section 1060 Consolidated Road Elizabeth City, NC 27909-5001 12.0 CONTRACT ADMINISTRATION DATA: 12.1 Address for Correspondence All correspondence, except as otherwise specified, shall be directed to the following address: USCG, Aviation Logistics Center Attn: MRS Contracting Section 1060 Consolidated Road Elizabeth City, NC 27909-5001 Contract No. _____________________ (Assigned at time of award) 13.0 INVOICING INSTRUCTIONS The original Contractor's invoice shall be submitted to the designated billing office for payment as follows: The invoice must reference the contract number and delivery order. The preferred method for invoice submission is via email to: ALC-Fiscal@uscg.mil Invoices may also be submitted via U.S. Mail to: Chief, Fiscal Branch USCG, Aviation Logistics Division Building 63 Elizabeth City, NC 27909-5001 Contract No. _____________________ (Assigned at time of award) Contract Terms and Conditions Commercial Items The following provisions apply to this acquisition: 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of these provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/index.html. 52.204-7 System for Award Management (Jul 2013) 52.204-16 Commercial and Government Entity Code Reporting (Nov 2014) 52.217-5 Evaluation of Options (Jul 1990) 52.247-34 F.o.b. Destination (Nov 1991) 52.212-1 Instructions to Offerors-Commercial Items (Apr 2014) with the following included by Addendum: Period of Acceptance of Offers (c) Prices must remain effective for 120 days after solicitation closes. FAR Provisions Full Text: 52.209-7 Information Regarding Responsibility Matters (Jul 2013) (a) Definitions. As used in this provision- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7). (End of provision) 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (OCT 2010) Alt IV (Oct 2010) (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: It is the Department of Homeland Security (DHS) policy that pricing for competitive negotiations should be based on adequate pricing competition. However, in the event only one responsible offer is obtained as a result of this solicitation, that offeror may be required to submit Data Other Than Certified Cost or Pricing Data (FAR 15.403-3) to support price negotiations. (End of provision) 52.212-2 Evaluation-Commercial Items (Oct 2014) The provision at FAR 52.212-2 Evaluation of Commercial Items is not applicable to this solicitation. Due to the sole source nature of this requirement the basis of award rests with the determination of fair and reasonable pricing and responsibility determination. Although it is anticipated that award can be made without discussions, the Government reserves the right to hold discussions should it be deemed necessary by the Contracting Officer. 52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2015) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision. 52.212-4 Contract Terms and Conditions Commercial Items (May 2015) with the following included by addendum: CGAP Subchapter 3004.1301-90 Common Access Cards (CAC) for Contractors: Contractor Verification System (CVS) (a) "Contractor employee" means an employee of a firm, or an individual, under contract or subcontract to the Coast Guard to provide services and who requires physical and/or logical access to information systems and/or facilities. (b) Homeland Security Presidential Directive (HSPD)-12 mandates a Federal standard for secure and reliable forms of identification for Federal employees and contractor employees. The Common Access Card (CAC) is a personal identification card for the Department of Defense/Uniformed Services and complies with HSPD-12. The Coast Guard has instituted the CAC as its HSPD-12 compliant personal identification card for contractor and subcontractor employees who are required to access a Coast Guard, Department of Defense (DOD), or other federally-controlled computer information system and/or facility, or need public key infrastructure (PKI) authentication to perform their contractual duties. The Contractor Verification System (CVS) is the automated application process for obtaining a CAC. (c) Contractor and subcontractor employees working pursuant to this contract who are required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform their contractual duties shall use CVS to obtain a CAC. (d) The Contracting Officer Technical Representative (COTR) shall serve as the CVS Trusted Agent and is responsible for creating contractor accounts in the CVS; approving, returning, or rejecting CAC applications (as applicable); re-verifying assigned contractors every six months; revoking contractor and employee eligibility for a CAC; and confiscating a CAC when the contract expires or when a contractor or subcontractor employee stops working under the contract. (e) Current standards require a favorable fingerprint check and verification of an initiated or completed investigation for all incoming Coast Guard contractor personnel before CAC issuance. The COTR shall ensure that contractor personnel satisfy the security requirements for CAC issuance, and that completed fingerprint cards and electronic questionnaires for investigation processing are submitted to the U.S. Coast Guard Security Center (SECCEN). (f) The COTR or Contracting Officer shall provide such forms to, or request such information from, contractor employees that may be necessary for obtaining a CAC via the CVS. Completed forms and information shall be submitted as directed by the COTR or Contracting Officer. Contractors are responsible for the accuracy and completeness of the information submitted and for any liability resulting from the Government's reliance on inaccurate or incomplete information. (g) Contractor or subcontractor employees who are declined a CAC via the CVS are ineligible to perform work under this contract. When an employee with a CAC is no longer performing work under this contract, the employee must return the CAC to the COTR or Contracting Officer on the same day the employee stops working. (h) The contractor shall insert this clause in all subcontracts when a subcontractor's employee is required to access a Coast Guard, DOD, or other federally-controlled computer information system and/or facility, or need PKI authentication to perform contractual duties. (End of clause) The following clauses apply to this acquisition: 52.252-2 Clauses Incorporated by Reference (Feb 1998) This solicitation incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of the clause may be accessed electronically at Internet address http://acquisition.gov/far/index.html. 52.204-13 System for Award Management Maintenance (Jul 2013) 52.228-5 Insurance-Work on a Government Installation (Jan 1997) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (Apr 1984) 52.242-13 Bankruptcy (Jul 1995) 52.242-15 Stop-Work Order (Aug 1989) Full Text FAR clauses: 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (SEP 2013) (DHS - USCG DEVIATION 14-01) a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY2013 (Pub. L. 112-239) and FAR 3.908. 52.216-18 Ordering (Oct 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award effective date through the end of the contract. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. (End of clause) 52.216-19 Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor -- (1) Any order for a single item in excess of total estimated contract line item quantity; (2) Any order for a combination of items in excess of 100% of estimated contract line item quantities; or (3) A series of orders from the same ordering office within 15 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause) 52.216-21 Requirements (Oct 1995) Alternate I (Apr 1984) (a) This is a requirements contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (c) The estimated quantities are not the total requirements of the Government activity specified in the Schedule, but are estimates of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. Except as this contract otherwise provides, the Government shall order from the Contractor all of that activity's requirements for supplies and services specified in the Schedule that exceed the quantities that the activity may furnish within its own capabilities. (d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. (e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source. (f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 180 days. (End of clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years. (End of clause) 52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984) Funds are not presently available for performance under this contract beyond 30 September 2016. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September 2016, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. (End of Clause) 52.252-6 Authorized Deviations in Clauses (Apr 1984) (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. (b) The use in this solicitation or contract of any HSAR (48 CFR Chapter 30) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. Homeland Security Acquisition Regulations (HSAR) Clauses: 3052.205-70 Advertisements, Publicizing Awards, and Releases (Sept 2012) 3052.219-70 Small Business subcontracting plan reporting (Jun 2006) 3052.222-90 Local Hire (Jun 2006) 3052.223-90 Accident & Fire Reporting (Dec 2003) 3052.228-70 Insurance (Dec 2003) 3052.242-72 Contracting Officer's Technical Representative (Dec 2003) 3052.247-72 F.o.b. Destination Only (Dec 2003) HSAR Clauses Full Text: 3052.204-70 Security requirements for unclassified information technology resources (Jun 2006) (a) The Contractor shall be responsible for Information Technology (IT) security for all systems connected to a DHS network or operated by the Contractor for DHS, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the Contractor must have physical or electronic access to sensitive information contained in DHS unclassified systems that directly support the agency's mission. (b) The Contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. (1) Within____["insert number of days"] days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contract as a compliance document. (2) The Contractor's IT Security Plan shall comply with Federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.); the Government Information Security Reform Act of 2000; and the Federal Information Security Management Act of 2002; and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130. (3) The security plan shall specifically include instructions regarding handling and protecting sensitive information at the Contractor's site (including any information stored, processed, or transmitted using the Contractor's computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. (c) Examples of tasks that require security provisions include-- (1) Acquisition, transmission or analysis of data owned by DHS with significant replacement cost should the contractor's copy be corrupted; and (2) Access to DHS networks or computers at a level beyond that granted the general public (e.g., such as bypassing a firewall). (d) At the expiration of the contract, the contractor shall return all sensitive DHS information and IT resources provided to the contractor during the contract, and certify that all non-public DHS information has been purged from any contractor-owned system. Components shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. (e) Within 6 months after contract award, the contractor shall submit written proof of IT Security accreditation to DHS for approval by the DHS Contracting Officer. Accreditation will proceed according to the criteria of the DHS Sensitive System Policy Publication, 4300A (Version 2.1, July 26, 2004) or any replacement publication, which the Contracting Officer will provide upon request. This accreditation will include a final security plan, risk assessment, security test and evaluation, and disaster recovery plan/continuity of operations plan. This accreditation, when accepted by the Contracting Officer, shall be incorporated into the contract as a compliance document. The contractor shall comply with the approved accreditation documentation. (End of clause) 3052.204-71 Contractor employee access (Sept 2012) (a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information: (1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee); (2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, "Policies and Procedures of Safeguarding and Control of SSI," as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee); (3) Information designated as "For Official Use Only," which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person's privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and (4) Any information that is designated "sensitive" or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures. (b) "Information Technology Resources" include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites. (c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures. (d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns. (e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance. (f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources. (End of clause) ALTERNATE I (SEP 2012) When the contract will require Contractor employees to have access to Information Technology (IT) resources, add the following paragraphs: (g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer's Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS. (h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved. (i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE). (j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access. (k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department's Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted: (1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and (2) The waiver must be in the best interest of the Government. (l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer. (End of clause) 3052.209-70 Prohibition on Contracts with Corporate Expatriates (Jun 2006) (a) Prohibitions. Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the Department of Homeland Security from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security. (b) Definitions. As used in this clause: Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting ‘more than 50 percent' for ‘at least 80 percent' each place it appears. Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986. Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)- (1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership; (2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held- (i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or (ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and (3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively. (c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation. (1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership: (i) stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or (ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1). (2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan. (3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section. (d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership. (e) Treatment of Certain Rights. (1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows: (i) Warrants; (ii) Options; (iii) Contracts to acquire stock; (iv) Convertible debt instruments; (v) Others similar interests. (2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of section 835. (f) Disclosure. The offeror under this solicitation represents that [Check one]: __ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108- 7003; __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or __ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7000 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004. (g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (JAN 2011) of 52.219-4. __ (13) [Reserved] __ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). X (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)). __ (ii) Alternate I (Oct 2001) of 52.219-9. __ (iii) Alternate II (Oct 2001) of 52.219-9. __ (iv) Alternate III (Oct 2014) of 52.219-9. __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). X (20) 52.219-16, Liquidated Damages-Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f). X (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). X (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). X (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212). X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-13. __ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b). __ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513). __ (41) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658). __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212) (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67). (xi) __(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xiv) 52.222-54, Employment Eligibility Verification (AUG 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) Closing date and time for receipt of proposals is 30 September 2015 at 4:00 pm, Eastern Time. PRICES MUST REMAIN EFFECTIVE FOR 120 DAYS AFTER CLOSING OF SOLICITATION. Facsimile offers are acceptable and may be forwarded to 252-334-5427, Attention: Kia R. Walton. Electronic submissions may be sent to Kia.R.Walton@uscg.mil and David.E.Tanner@uscg.mil. Proposals may be submitted on company letterhead stationery and must include pricing, Payment terms are to be specified and any discount offered for prompt payment, the business size standard and any minority classification; and delivery date. All offerors shall have a valid Vendor Cage Code, Dun & Bradstreet Number (DUNS) or the ability to get one, and MUST be actively registered in the System for Award Management (SAM) throughout the award of the contract. NOTICE FOR FILING AGENCY PROTESTS It is the policy of the United States Coast Guard to issue solicitations and make contract awards in a fair and timely manner. Parties who believe a specific procurement is unfair or otherwise defective are encouraged to use the Coast Guard Ombudsman Program for Agency Protests (OPAP), rather than filing a protest with the General Accounting Office (GAO) or other external forum. The OPAP is designed to resolve contractor protests in a faster, less expensive manner. Concerns of interested parties can be resolved through independent, government binding adjudication taking place outside the procuring activity's chain of command. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the contracting officer or Ombudsman. Informal Forum Interested parties should first direct their concerns to the responsible contracting officer. If the contracting officer is unable to satisfy the concerns, the interested party is encouraged to contact the OPAP. Under this informal process, the agency is not required to suspend contract award performance. In order to ensure a timely response, interested parties should provide the following information: solicitation/contract number, contracting office, contracting officer, and solicitation closing date (if applicable). Formal Agency Protest Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the contracting officer through open and frank discussions. If the protester's concerns are unresolved, the protester may file a formal agency protest with the contracting officer or the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined to be in the best interest of the government. The agency's goal is to resolve protests in less than 35 calendar days from the date of filing. If the protester fails to submit the required information, as outlined in Federal Acquisition Regulation (FAR) 33.103, resolution of the protest may be delayed or the protest may be dismissed. To be timely, protests must be filed within the period specified in FAR 33.103(e). Protests filed under the OPAP program should be submitted to: Department of Homeland Security United States Coast Guard (CG-91) Ombudsman Program for Agency Protests Email: OPAP@uscg.mil For questions pertaining to the OPAP program, please contact the Ombudsman hotline at 202-372-3695. More information about the Ombudsman Program for Agency Protests (OPAP) can be found at http://www.uscg.mil/acquisition/business/ombudsman.asp Alternative Point of Contact: David Tanner Supervisory Contracting Officer United States Coast Guard Medium Range Surveillance Product Line Division Elizabeth City, NC 27909-5001 (252) 335-6142 david.e.tanner@uscg.mil
 

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Zip Code: 27909
 

Record

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